Marks's Executors v. Russell
40 Pa. 372 | Pa. | 1861
The opinion of the court was delivered,
The judgment was premature. In counting the time to plead after notice, the day on which the notice is given is excluded, and if the final day falls on Sunday, it also is excluded, and a plea entered on Monday is in time. A judgment entered on that day is erroneous. The cases of Goswiler’s Estate, 3 P. R. 201, and Cromelien v. Brink, 5 Casey 522, show this.
Judgment reversed, and a procedendo awarded.
